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(영문) 수원지방법원 2014.10.13 2014노4713
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. In light of the following: (a) the Defendant was sentenced one time to a fine for the same crime; and (b) on January 11, 2013, the Defendant was subject to a suspended sentence twice a suspended sentence; (c) not only was aware of the fact that he was subjected to a suspended sentence due to drinking driving at the Eunpyeong District Court Pyeongtaek District Court on the same day but also committed another crime during the grace period; (d) the lower court sentenced the Defendant to the maximum sentence of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) by discretionary mitigation; and (e) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) all the sentencing conditions specified in the instant argument, including the circumstances that the Defendant’s health is not good, the lower court’s sentence is unreasonable, even if considering the circumstances that the Defendant’s health is not good.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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